Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court 'No Penalty For Monthly MGQ Shortfall If Annual Target Met': Supreme Court Upholds Quashing Of Excise Department Demands For Liquor Licensees 'Murder Went Unavenged, But Courts Cannot Convict On Mere Assumptions': Supreme Court Acquits Accused In 1988 Murder Case, Quashes High Court's Remit Order 'NCSC Cannot Pass Mandatory Adjudicatory Orders Directing Payment Of Arrears': Supreme Court Clarifies Commission's Powers Under Article 338 "'Cannot Present Fait Accompli': Supreme Court Upholds Denial Of NOC To Airman For Skipping Prior Permission To Apply For Civil Post" Supreme Court Upholds 2017 Notification For Ex Post Facto Environmental Clearances, Quashes 2021 Office Memorandum As Impermissible Executive Overreach Workman Fails To Prove 240 Days Continuous Work; Punjab & Haryana High Court Upholds Denial Of Reinstatement For "Abandonment Of Service" Party Cannot Take Contradictory Stands In Same Case, Admissions In Pleadings Bind Them Under Order XII Rule 6 CPC: Telangana High Court Delayed Recovery Of Weapon From Open Space Casts Serious Doubt On Prosecution Story: Madhya Pradesh High Court Acquits Murder Convicts Procedural Irregularities By Public Servants Serve As Circumstantial Evidence Of Conspiracy In Corruption Cases: Kerala High Court Blaming Previous Counsel For Omission Does Not Satisfy 'Due Diligence' Test To Amend Plaint After Trial Commences: Punjab & Haryana High Court Muslim Man's Second Marriage Under Special Marriage Act Void Despite Personal Law Permitting Bigamy: Karnataka High Court Suppression Of Material Facts Regarding Criminal Antecedents Disentitles Accused To Discretionary Relief Of Bail: Orissa High Court Section 311 CrPC | Delay Or Absence Of Examination-In-Chief No Bar To Summon Material Witnesses: Allahabad High Court Revenue Authorities Lack Jurisdiction To Declare Genuineness Of Wills Or Validity Of Settlement Deeds; Parties Must Approach Civil Court: Andhra Pradesh High Court Demand Of Bribe Is Sine Qua Non For Conviction Under PC Act, Mere Recovery Of Tainted Money Not Enough: Bombay High Court Title And Ownership Irrelevant In Suit Under Section 6 Specific Relief Act; Plaint Liable To Be Rejected If Filed Beyond Six Months: Delhi High Court Receipt Of Pension By Widow Can Be Considered To Determine 'Just Compensation' But Not To Deprive Claimants Of Award: Calcutta High Court FSL Report Lacking Scientific Criteria And Data Is Inadmissible In Evidence: Allahabad High Court Issues Directives For Testing Viscera Standard Of Proof In Railway Accident Claims Is Preponderance Of Probabilities, Not Beyond Reasonable Doubt: Gujarat High Court No Second Statutory Appeal Lies Against Conviction By Appellate Court Reversing Acquittal; Revision Is Sole Remedy: Supreme Court Wives' Property Is Their Own, Not Husband's: Supreme Court REJECTS High Court's Succession Formula; Restores Clarity For Christian Inheritance

High Court Quashes Criminal Complaint Against Estate Officer, Emphasizes 'Sanction Before Prosecution' for Public Servants

07 May 2024 8:19 AM

By: Admin


The High Court of Punjab and Haryana, in a significant ruling, has quashed a criminal complaint against Rajinder Chauhan, the Estate Officer, involved in a case of alleged forced eviction and theft from a shop in Post Graduate Institute of Medical Sciences (PGIMS), Rohtak.

Justice Harpreet Singh Brar, presiding over the case, underscored the necessity of adhering to legal protocols before initiating proceedings against a public servant. The judgment highlighted, “Before issuance of process under Section 204 of Cr.P.C., sanction under Section 197 of Cr.P.C. was required and in the absence of such sanction, criminal complaint as well as the summoning order are liable to be quashed on this ground alone.”

The petitioner, Rajinder Chauhan, had approached the High Court under Section 482 of the Cr.P.C., seeking quashing of the criminal complaint dated January 25, 2012, filed under various sections of the IPC. The complaint stemmed from an incident involving the alleged forcible eviction of a shop in PGIMS, Rohtak, and the theft of goods worth approximately Rs. 80/90 lacs.

In his petition, Chauhan contended that the complaint was motivated by malice and personal vendetta. The Court, in its judgment, noted that the petitioner, in his capacity as the Estate Officer, acted under the orders of the Vice-Chancellor and in compliance with legal directives.

The Court drew parallels with similar cases involving co-accused, whose complaints had been previously quashed, asserting that the petitioner’s case was in line with these precedents. Citing the

necessity of sanction under Section 197 of Cr.P.C. for prosecuting public servants, the judgment referenced the landmark case of 'State of Haryana Vs. Ch. Bhajan Lal AIR 1992 SC 604', emphasizing that the law protects public servants from malicious prosecutions.

The judgment further observed, “The prosecution cannot be launched in a casual manner,” reflecting on the need for a careful and justified approach in initiating legal actions against public servants. This observation resonates with the principles laid down in the case of 'Mrs. Priyanka Srivastava and another Vs. State of U.P. and others', where the Supreme Court stressed the gravity of sanction in prosecuting government officials.

The decision to quash the proceedings against Rajinder Chauhan has been welcomed by legal experts, who view it as a reinforcement of the legal protections afforded to public servants performing their duties in good faith. The case sets a precedent for future instances where the question of sanction is a critical factor in proceedings against public servants.

Mr. Dalip Kumar Tuteja, the advocate representing the petitioner, expressed satisfaction with the judgment, noting that it upholds the principles of justice and the legal safeguards for public servants against unwarranted prosecutions.

RAJINDER CHAUHAN VS TRILOK CHAND

Latest Legal News